How has the 69th Constitutional amendment led to Delhi's dual governance dilemma? Discuss its impact on cooperative federalism as envisaged in the Constitution. (Answer in 250 words) 15 marks
Introduction
69th Constitutional amendment changed Art.239 AA to give special status to administration of Delhi owing to its strategic locations
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Main Body
69th CAA leading to Delhi's dual governance dilemma: Post of Lieutenant Governor to help Delhi administration, to work based on and advice of Delhi's elected government. Is state subject viz land, police and administrative services were brought under LG's purview. There remained constant dilemma whether LG has to work on CM's advice or if she can take equivalent decisions to use veto powers.
Impact on Cooperative Federalism: (1) Overriding state list of seventh schedule, leading to clashes. (2) Providing relative autonomy to Delhi's LG leading to "tussle for supremacy" between CM and LG. (3) Negates the mandate of a democratically elected government. (4) Leads to arm-twisting by central government, especially when different parties rule at Centre and State. (5) Leads to delayed policy making. Ex - recent Delhi Govt steps were backtracked by LG.
Reasons for centralising tendencies: (1) Indian Cooperative federalism has centralising bias (Raising Farraya Case). (2) Necessary as it is state capital. (3) Lack of Statehood, UTs come under central government. (4) SC Judgements have sometimes ruled in their favour. (5) Necessary for security of state and sovereignty and integrity of India. Way forward: - Make clear guidelines - Use much commission recommenda[lism] to ensure better cooperation. Thus, as pointed out by Moris Jones India is a "bargaining federalism" and Delhi will have to constantly ask for its share.
Conclusion
Thus, as pointed out by Moris Jones India is a "bargaining federalism" and Delhi will have to constantly ask for its share.
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Medha Anand
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federalism
Federal Structure Challenges
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analytical
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